Appellate Division of the Supreme Court of New York, 2008

People v. Miller

Appellate Division of the Supreme Court of New York · Decided December 30, 2008

57 A.D.3d 1009; 869 N.Y.2d 793

Cases that cite this one

3 later published cases cite this decision.

REGATUSO, MICHAEL J., PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
People v. Regatuso (Appellate Division of the Supreme Court of New York 2016)
People v. Regatuso (Appellate Division of the Supreme Court of New York 2016)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*1010Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

The sentence imposed was excessive to the extent indicated herein. Fisher, J.P, Florio, Garni and Chambers, JJ., concur.

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